Shekh Arif @ Sk. Aarif vs State of Jharkhand

Heard learned counsel for the petitioner and learned counsel appearing for the State.

Defects, as pointed out by the office, are ignored. The petitioner apprehends his arrest in connection with Baliapur P.S. Case No. 08 of 2020, registered for the offence punishable under sections 414/34 of the Indian Penal Code.

A tempo was intercepted which was illegally loaded with iron scraps. It has been alleged that the passengers of the vehicle disclosed that the materials belong to the petitioner. Learned counsel for the petitioner submits that the petitioner does not have any criminal antecedent.

It appears that only on disclosure of the apprehended accused the name of the petitioner has surfaced. Learned counsel for the petitioner further submits that the petitioner does not claim the iron scraps which were seized.

Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad in connection with Baliapur P.S. Case No. 08 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

This application stands allowed.